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HomeMy WebLinkAboutCC Resolution 13675 (Aquatic Program; Hamilton Pool Complex)RESOLUTION NO. 13675 A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF SAN RAFAELAPPROVING THE AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX WHEREAS, the City of Novato completed the reconstruction of the Hamilton Pool Complex in the Spring of 2010; and WHEREAS, the City of Novato requires professional services to operate the Hamilton Pool Complex for public access; and WHEREAS, the City of San Rafael through it's Community Services Department Aquatics Program, is in a position to support Novato in its program operation of the Hamilton Pool Complex; and WHEREAS, the City of San Rafael can provide staffing, supervision, program expertise, and customer service; and WHEREAS, the City of San Rafael in the spirit of collaboration between two governmental bodies, has offered to continue to assist the City of Novato with programming of the Hamilton Pool for community uses; and WHEREAS, the City of San Rafael will retain revenues generated by programs provided at the Hamilton Pool complex to support the costs of delivering services and will share equally (50% to each agency) revenues collected that are in excess of covering their costs; and WHEREAS, the City Manager has authority to approve extensions of this agreement in the future to allow continued high quality professional aquatics services, and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Approves the Agreement for the Provision of Aquatic Program Services by the City of San Rafael to the City of Novato at the Hamilton Pool Complex and authorizes the City Manager to execute the Agreement on behalf of the City of San Rafael. 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, 18`h day of February 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ,...... d, •w a Esther C. Beime, City Clerk AGREEMENT 4308A AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX This Agreement is made and entered into this day of , 2014, by and between the CITY OF SAN RAFAEL (hereinafter "SANRAFAEL") and the CITY OF NOVATO (hereinafter "NOVATO"). WHEREAS, NOVATO is the owner of the Hamilton Pool Complex, a public pool and related facilities located at 203 El Bonito Drive, Novato, California (hereinafter referred to as the "FACILITIES"); and WHEREAS, NOVATO currently lacks the personnel to operate the FACILITIES; and WHEREAS, SAN RAFAEL, having a frilly functional Aquatics Program, is in a position to support NOVATO in its program operation of the FACILITIES; and WHEREAS, SAN RAFAEL can provide staffing, supervision, program expertise, and customer service; and WHEREAS, NOVATO requires such services to continue to make the FACILITIES available to the public; and WHEREAS, SAN RAFAEL, in the spirit of collaboration between two governmental bodies, has offered to assist NOVATO with the operation of the FACILITIES for community uses;. NOW, THEREFORE, the parties agree as follows 1. Purnose. The purpose of this Agreement is to define the scope of aquatic program services to be provided to NOVATO by SAN RAFAEL, set forth the compensation to be paid to SAN RAFAEL for such services, and enumerate other related provisions that will contribute to the mutual benefit of the parties to this Agreement. 2. Term. This Agreement shall commence on April 1, 2014 and shall expire on November 30, 2016 unless earlier terminated or extended as provided herein. A. Option. The parties shall have the option to extend this Agreement on the same terms for an additional period of three years, upon written notice to extend the Agreement provided from NOVATO Parks, Recreation and Community Services Director, to SAN RAFAEL not less than six (6) months prior to the end of the Final Agreement 2014 Page 1 Term. B. Early Termination. Either party may terminate this Agreement prior to the end of the Term or any renewal thereof, by written notice to the other party, at least 60 days in advance of the date of termination. In the event that either party terminates this Agreement, each party agrees to be solely responsible for any costs incurred by their agency that are associated with planned aquatics program and facility management. 3. Scone of Services. NOVATO and SAN RAFAEL agree that services and responsibilities shall be assumed and performed by each party as described herein. Changes in services and responsibilities must be negotiated and mutually agreed upon by both parties. A. Site. The FACILITIES consist of two pools --a main pool and a wading pool with water feature, surrounding deck area, a "bath -house" and office (including showers, restroom facilities, and storage space), the grassy area and picnic tables, gas barbecue grill and hillside charcoal grills, enclosed within the pool site fencing. Additionally, there are two parking areas to support the pools --one handicapped parking area immediately adjacent to the bathhouse and the main parking area on the hill top above the pool, as more particularly described in Exhibit A, attached hereto and incorporated herein. B. Program. (1) SAN RAFAEL agrees to provide the aquatics program described in Exhibit B attached hereto and incorporated herein ("the Program"), as per the schedule described in Exhibit B ("the Program Schedule"), and to make the Program available to the public. The aquatics program components will include, but not be limited to, swim instruction, recreation swimming, lap swim opportunities, and community rentals. NOVATO reserves the right to bring summer camp participants to the site at no charge to participants for up to two times per month. These visits will be scheduled and coordinated in advance with SAN RAFAEL to minimize overcrowding and ensure that there are no adverse impacts to pool staffing. (2) NOVATO shall have the authority to utilize the FACILITIES for any programming or events outside of and not in conflict with the Program Schedule. (3) In addition to the services to be provided by SAN RAFAEL for the Program as set forth herein, NOVATO may request supplementary staff services from SAN RAFAEL for the purpose of programs and events outside the scope of this Agreement. SAN RAFAEL shall be reimbursed for any such additional staff services according to SAN RAFAEL's direct costs, plus 10010 for administration. C. Staff. SAN RAFAEL agrees to recruit, hire, train, supervise, schedule, and provide payroll services and worker's compensation benefits for employees required to operate the Program, including the recruitment, training, supervision Final Agreement 2014 Page 2 and scheduling of the Aquatics Coordinator. SAN RAFAEL will adhere to all procedures, policies, codes, and certification requirements consistent with SAN RAFAEL personnel policies, standards in the aquatics industry, and recommendations by the American Red Cross, Marin County Health Department, CAL OSHA and other regulatory bodies and agencies, relevant to the program operation of the FACILITIES. D. Program Promotion and Registration. (1) NOVATO and SAN RAFAEL shall be mutually responsible for promoting and publicizing the FACILITIES, the Program and the Program Schedule, including, but not limited to, by utilizing each City's respective web site presence, as well as news media, print material, data base communication and public outreach. (2) SAN RAFAEL shall conduct program registration utilizing SAN RAFAEL's web site, fax, and telephone, and in-person procedures at the FACILITIES. (3) NOVATO shall refer participants to the SAN RAFAEL registration procedures through a link on NOVATO's web page. (4) Registration materials shall include a standard Release Agreement in favor of NOVATO and SAN RAFAEL requiring patrons to hold harmless each City in the event of personal injury or property damage resulting from action or inaction of either City, or condition of FACILITIES. E. Maintenance of FACILITIES. (1) NOVATO shall provide all regular and routine maintenance of the FACILITIES related to the operation of the pools, pool furnishings, landscape, landscape furnishings, and building interiors and exteriors. The term "regular and routine" shall mean routine expenditures in connection with the use of the physical plant such as cleaning, disinfecting, heating, lighting, water, and similar items which are regularly incurred, and for operating repairs to the fixed equipment, swimming pools, buildings, heating system, plumbing, hardware, and emergency repairs of similar nature. (2) NOVATO shall provide all utility, water, electrical, gas, telephone, and garbage disposal services to the FACILITIES, at its sole expense. (3) SAN RAFAEL shall notify NOVATO of dangerous, hazardous or unsafe conditions immediately upon discovery and shall prevent public exposure to such by means of notification and/or identification with proper signage and separation. (4) NOVATO shall provide timely repairs to pools, furnishings, landscape, landscape furnishings, buildings and equipment, and shall respond immediately to dangerous, hazardous or unsafe conditions. (5) NOVATO shall provide garbage receptacles and disposal to serve the FACILITIES. (6) NOVATO shall provide all cleaning equipment, materials, soaps and restroom paper products, and stock the same at the FACILITIES. Final Agreement 2014 Page 3 (7) NOVATO shall provide weekly custodial service for deep cleaning of the FACILITIES. (8) SAN RAFAEL shall provide daily maintenance services limited to: Deck sweeping and/or water spray cleaning; Daily pool cover installation and removal; Garbage receptacle emptying; Litter pick-up within both the fenced pool area and bathhouse, and the immediate grounds surrounding the FACILITIES, including parking lots adjacent to pool; Restroom toilet, sink, shower, floor surface disinfection; and Office sweeping and surface wipe down. (9) SAN RAFAEL shall prepare and conduct a daily opening and closing procedure, which shall include, but not be limited to the following: Visual check of the water feature for proper water pressure and functioning; Opening and closing of the gate across the pool access road off of Hangar Avenue; and Placing the pool covers on the main pool daily. (10) NOVATO will perform pool cleaning, grounds maintenance and janitorial services on Friday mornings during the swim season (March through September), unless otherwise agreed upon with SAN RAFAEL. Each agency agrees to meet monthly during the swim season, or more frequently, as needed, to discuss and address pool and staff related matters. F. Equipment. (1) NOVATO shall provide all fixed pool equipment and furnishings, including but not limited to two automated external defibrillators, no less than twenty (20) lawn chaises, two (2) picnic tables, two (2) on deck picnic tables, locks for picnic tables, one shade umbrella for placement by the Activity Pool, six (6) permanent BBQs on the hillside, one (1) gas BBQ for use near the bathhouse, an information display kiosk for placement near the ADA parking lot entry, and other items mutually agreed upon. (2) SAN RAFAEL shall keep kiosk information current and attractive and shall post thereon information, including, but not limited to, Hamilton Pool open hours, Hamilton Pool swim lesson information, and Hamilton Pool event happenings. (3) SAN RAFAEL shall purchase all required office, safety, and first aid equipment utilized by SAN RAFAEL staff, including but not limited to uniforms, backboard and rescue tubes, flotation devices, cash register, safe and other office items as required. (4) NOVATO shall be responsible for the replacement of any equipment at the FACILITIES required to maintain health and safety standards at the physical pool site. This shall include but is not limited to pools and pump motor parts, pool covers, chemicals, ladders, restroom equipment and supplies, etc., except for such replacement made necessary by the negligence of SAN RAFAEL. Final Agreement 2014 Page 4 (5) NOVATO shall provide WIFI service to the site to facilitate financial transactions and data recording conducted by SAN RAFAEL during the course of pool operations. G. Vending Services. (1) SAN RAFAEL shall independently contract for food/beverage vending machines within the site. Vending equipment shall be installed prior to pool opening and removed at the end of the Program season. Said vending shall be pursuant to a contract in a form approved by NOVATO. (2) SAN RAFAEL shall retain any and all revenue generated by the site vending contract. (3) NOVATO may independently contract for food/beverage service from mobile vending trucks which will serve the FACILITIES. NOVATO will be responsible for issuing permits and any applicable agreements for same and shall retain any and all revenue generated from such permits and/or agreements. H. Fees. (1) Fees for use of the FACILITIES shall be as provided in Exhibit C, attached hereto and incorporated herein. (2) SAN RAFAEL shall collect, deposit, and record fees daily. (3) Patrons shall receive a receipt for payment and/or a daily admission wrist band as proof of payment for Program or admission. (4) SAN RAFAEL shall provide NOVATO with a monthly written account of all revenues received in the operation of the FACILITIES. I. Pool Rental. (1) NOVATO shall have the authority to rent the FACILITIES to third parties and collect rental fees for use of the pools by third parties in an amount determined by NOVATO. (2) Rental agreements shall not conflict with the Program Schedule. (3) NOVATO may request staff services from SAN RAFAEL for the purpose of rental events. SAN RAFAEL shall be reimbursed for its staff services at rental events according to SAN RAFAEL's direct costs, plus 10% for administration. (4) Third -party rental agreements must include proof of insurance from the third party lessee demonstrating possession of general liability insurance by the third party lessee in an amount not less than two million dollars. An insurance endorsement shall be provided adding as additional insureds under the third party's policy the City of SAN RAFAEL its officers, agents and employees and the City of NOVATO, and its officials, officers, agents, employees, and volunteers. 4. Closure/Reduction in Hours of Operation. It is understood that pools, bath house, grounds, office and storage facilities included in the FACILITIES may be closed for reasons out of the control of NOVATO, which may include, but are not limited to, unforeseen actions of third parties, catastrophic damage to FACILITIES which require closure for health or safety reasons, and unanticipated and/or extraordinary maintenance costs which result in unbudgeted Final Agreement 2014 Page 5 expenses and/or capital costs for immediate improvements. If a portion or all of the FACILITIES are closed, or operational hours reduced from the Program Schedule agreed upon as Exhibit B, NOVATO shall have no financial responsibility to SAN RAFAEL or program participants. In such event, both parties shall attempt to resolve outstanding issues due to closure or reduction in hours, or if unable to do so, shall agree to terminate this Agreement as provided for in Section 2 or as otherwise mutually agreed by the parties. 5. Reporting. A. Expenditures and Revenues. SAN RAFAEL shall submit to NOVATO, within 90 days of the end of the each Program year and closure of the FACILITIES, a report outlining expenditures and revenues directly attributable to the operations of the FACILITIES. The report shall be reviewed and approved by the NOVATO Parks, Recreation and Community Services Director. If the Director determines that additional information is necessary in order that the financial report be approved, SAN RAFAEL shall provide that information to the Director within 30 days of the request for such information. B. Program. SAN RAFAEL shall submit to NOVATO, within 90 days of the end of the each Program year and closure of the FACILITIES, a report outlining the Program as delivered and patronage of each of the individual parts of the Program. The Program Report shall also include evaluation and recommendations for future scope of the Program. C. Patron Responses. NOVATO shall be responsible for designing, collecting, collating and evaluating any patron program response(s) deemed valuable for use as an evaluation tool. D. Marketing. SAN RAFAEL shall submit to NOVATO for approval, prior to December 30 of each year, a marketing plan describing the promotional and incentive purchase plans recommended for the upcoming operational season including season pass sales, social media promotions and discounted offers and effective dates. NOVATO shall have the right to approve or reject the marketing plan, in whole or part in its sole discretion. E. Major Incidents. SAN RAFAEL shall contact NOVATO immediately when a major incident occurs at the pool. A major incident includes any incident where a guest or SAN RAFAEL or NOVATO employee is injured, or any incident which requires Police or Fire emergency personnel to be called to the site. A detailed incident report shall be submitted by SAN RAFAEL to NOVATO describing the Final Agreement 2014 Page 6 details of the incident and the names of employees who handled, witnessed or were involved in the event. Police reports may only be shared with preauthorized SAN RAFAEL employees. 6. Pavment for Services. In exchange for and in consideration of the aquatic program management services to be performed by SAN RAFAEL hereunder, NOVATO agrees that SAN RAFAEL shall retain 100% of all fees collected associated with the direct costs of delivery of the programs, services and vending described in this Agreement, except pool rental by NOVATO, up to the recovery of all direct costs associated with the performance by SAN RAFAEL of this Agreement. As an additional payment for the services provided by SAN RAFAEL pursuant to this Agreement, if revenue exceeds direct costs, SAN RAFAEL and NOVATO shall equally divide the balance. NOVATO shall not be liable for any additional SAN RAFAEL expenses, except as otherwise specifically provided herein and/or as approved in advance by the NOVATO Parks, Recreation and Community Services Director, or his/her designee. 7. Indemnification and Hold Harmless. The Parties agree to the following: A. Indemnification of SAN RAFAEL. NOVATO agrees to protect, defend, indemnify, and hold harmless SAN RAFAEL, its officers, elected officials, agents, and employees, from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of NOVATO, its directors, officials, officers, employees, agents, and/or volunteers, arising out of or in connection with, the performance of this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding. B. Indemnification of NOVATO. SAN RAFAEL agrees to protect, defend, indemnify, and hold harmless NOVATO, its officers, elected officials, agents, and employees, from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of SAN RAFAEL, its directors, officials, officers, employees, agents, and/or volunteers, arising out of or in connection with, the performance of this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding. C. Concurrent Negligence. In the event of concurrent negligence of NOVATO and SAN RAFAEL, and/or their respective officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of that concurrent negligence, shall be apportional under the "California Theory of Comparative Final Agreement 2014 Page 7 Negligence" (as presently established, or as may be hereafter modified). The duty to indemnify shall include the duties defined as set forth in Section 2778 of the California Civil Code. D. Survival. The provisions of this Section 7 shall survive the termination or expiration of this Agreement. E. No Third -party Rights. Nothing contained in this section or this Agreement shall be construed to create a liability to or a right of indemnification in any third party. 8. Insurance A. SAN RAFAEL. Without limiting the indemnification provisions herein, SAN RAFAEL shall provide comprehensive general public liability and/or umbrella liability coverage for a minimum of $5,000,000.00. SAN RAFAEL, as permitted under State law, is self-insured for general liability up to $500,000.00, and has excess liability coverage through the California Joint Powers Risk Management Authority under a Memorandum of Coverage. SAN RAFAEL will provide NOVATO with a Certificate of Coverage naming NOVATO as an additional covered party under such Memorandum of Coverage during the term of this Agreement, in the amount of $4,500,000 in excess of SAN RAFAEL'S self- insured retention amount. Should such excess liability coverage be canceled during the term of this Agreement, SAN RAFAEL shall notify NOVATO and NOVATO shall have the option to terminate this Agreement. B. NOVATO. Without limiting the indemnification provisions herein, NOVATO shall provide comprehensive general public liability and/or umbrella liability coverage for a minimum of $5,000,000.00. NOVATO, under State law, is self-insured for general liability up to $500,000.00 and has excess liability coverage through the Bay Cities Joint Powers Insurance Authority under a Memorandum of Coverage. NOVATO shall provide SAN RAFAEL with a Certificate of Coverage naming SAN RAFAEL as an additional covered party under such Memorandum of Coverage during the term of this Agreement, in the amount of $4,500,000 in excess of NOVATO'S self-insured retention amount. Should such excess liability coverage be canceled during the term of this Agreement, NOVATO shall notify SAN RAFAEL and SAN RAFAEL shall have the option to terminate this Agreement. 9. Third -Party Action Notification. Each party to this Agreement shall give the other prompt notice in writing of any action or suit filed, and prompt notice of any claim made against the other party by any person or entity that may result in litigation related in any way to the services performed pursuant to this Agreement. Final Agreement 2014 Page 8 10. Severabilitv. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations pursuant to this Agreement shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of California, that provision shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 11. Non -Waiver. A waiver by either party of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 12. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing: TO THE CITY OF SAN RAFAEL: Carlene McCart, Director San Rafael Community Services 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO THE CITY OF NOVATO: Pam Shinault, Director Novato Parks, Recreation, and Community Services 75 Rowland Way #200, Novato, California 94945-5054 Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when so mailed or hand delivered at the addresses specified above. 13. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term of expiration of this Agreement and shall be binding on the parties to this Agreement. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. Final Agreement 2014 Page 9 15. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 17. Filing. A copy of this Agreement shall be filed with both the SAN RAFAEL and the NOVATO City Clerk's offices. 18. No Emplovment Relationship. SAN RAFAEL and NOVATO understand and expressly agree that in connection with this Agreement, each agency bears full responsibility for controlling the manner and means by which their respective employees perform work, and for providing all compensation and other employment benefits including payroll taxes and worker's compensation coverage to their respective employees. NOVATO employees are not SAN RAFAEL employees and SAN RAFAEL employees are not NOVATO employees, and employees of either agency shall have no right to, and shall make no claim for, any type of employment benefits or compensation from the other agency. 19. Entire Aereement—Amendments. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement and supersede any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by SAN RAFAEL and NOVATO. The SAN RAFAEL City Manager, or his/her designee, is authorized to alter or modify the terms and conditions on behalf of SAN RAFAEL as necessary. The NOVATO City Manager, or his/her designee, is authorized to alter or modify the terms and conditions on behalf of NOVATO as necessary. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. Final Agreement 2014 Page 10 CITY OF SAN RAFAEL - .[/ V6 (-(i/ X4,41, NANCY MACK�E City Manager ATTEST: ESTHER C. BEIRNE. City Clerk APPROVED AS TO FORM: ROIBE`Ril�'Td—F­�E PSw�T EaCitAtto e Y Y Attachments: CITY OF NOVATO MICHAEL S. FRANK City Manager ATTES SHERI HARTZ City Clerk APPROVED AS TO FORM: Jeff r City Attorney Exhibit A: Site Description Exhibit B: Program Description and Program Schedule Exhibit C: Fee Schedule for Use Final Agreement 2014 Page 11 RESOLUTION NO. 13675 A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF SAN RAFAELAPPROVING THE AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX WHEREAS, the City of Novato completed the reconstruction of the Hamilton Pool Complex in the Spring of 2010; and WHEREAS, the City of Novato requires professional services to operate the Hamilton Pool Complex for public access; and WHEREAS, the City of San Rafael through it's Community Services Department Aquatics Program, is in a position to support Novato in its program operation of the Hamilton Pool Complex; and WHEREAS, the City of San Rafael can provide staffing, supervision, program expertise, and customer service; and WHEREAS, the City of San Rafael in the spirit of collaboration between two governmental bodies, has offered to continue to assist the City of Novato with programming of the Hamilton Pool for community uses; and WHEREAS, the City of San Rafael will retain• revenues generated by programs provided at the Hamilton Pool complex to support the costs of delivering services and will share equally (50% to each agency) revenues collected that are in excess of covering their costs; and WHEREAS, the City Manager has authority to approve extensions of this agreement in the future to allow continued high quality professional aquatics services, and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Approves the Agreement for the Provision of Aquatic Program Services by the City of San Rafael to the City of Novato at the Hamilton Pool Complex and authorizes the City Manager to execute the Agreement on behalf of the City of San Rafael. 1, Esther C. Beime, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, 181h day of February 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None � Esther C. Beime. City Clerk CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY dceraditod with Excallattce from the California Association of Joint Powcrs Authorities CERTIFICATE OF COVERAGE Certificate Holder and Additional Covered Party: City of Novato 75 Rowland Way Suite 200 Novato, CA 94945 Pam Shinault, Director,Novato Parks This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activity: Provision of Aquatic Program Services by the City of San Rafael to the City of Novato at the Hamilton Pool Complex. Date(s) of Activity: April 01, 2014 to November 30, 2016 Location of Activity: 203 El Bonito Drive Novato, CA 94945 Entity Providing Coverage Excess Coverage Certificate Expiration Date California Joint Powers Risk Management Authority $4,500,000 June 30, 2014 excess of $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general liability, automobile liability, and public officials errors and omissions, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 4/ 8/2014 Date J Authorized Signa e Form C David J. Clovis. ARM. General Manager Name and Title (Print or type) 3201 Doolan Road, Suite 285 • Livermore, CA 94551 • Phone (925) 837-0667 • FAX (925) 290-1543 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY